investigation. bob orr reports he was tracked down by the technology he lived by. and we note two milestones: an eyewitness to this moment in history has died. then... ♪ ♪ anthony mason will take five to remember dave brubeck, a giant of jazz. captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> pelley: good evening, they've never said it quite like this: the president's treasury secretary made it clear there is no room for compromise. republicans must accept an increase in tax rates for upper- income americans. negotiations on a budget deal haven't gone very far and there are just 27 days before that so- called fiscal cliff. that's the package of tax increases for most americans and budget cuts that will hit automatically unless the white house and congress find a

gentler way to solve the crisis in the federal budget. here's how treasury secretary tim geithner put it on cnbc. >> is the administration prepared to go over the fiscal cliff? >> absolutely. again there is no prospect to an agreement that doesn't involve those rates going up on the top 2% of the wealthiest americans. remember, it's only 2%. >> pelley: by top 2%, he means individuals making more than $200,000 and couples taking in $250,000 or more. republicans say rates shouldn't be increased on anyone. with no agreement, going over the fiscal cliff would be painful. the automatic tax increases break down like this: households making $20,000 to $40,000 would see an increase in $1,200 a year. incomes of $40,000 to $64,000 would see taxes rise $2,000 and in the $64,000 to $108,000 bracket taxes go up $3,500 a year.

mr. obama and the republican speaker of the house talked this over today and here's major garrett at the white house. major? >> reporter: scott, there is a code of silence the white house and speaker boehner's try to apply to these phone conversations, releasing as few details as possible to protect the underlying negotiations. nevertheless, cbs news has learned the following: the speaker and the president spoke before treasury secretary geithner's comments about going over the cliff. the conversation was described as brief, meaning shorter than the 28-minute conversation speaker boehner and the president had last week. also those familiar with the conversation tell me-- or do not used words like "curt," "frank"

and "direct" meaning it was probably more gentle. also i'm told scott this is no longer a time for check-in phone calls between these two leaders. everything now is substantive about the underlying merit of what treasury secretary geithner. republicans believe this can be done through tax loopholes not raising rates on the wealthiest americans. >> pelley: we asked chip reid to visit with a family staring over the fiscal cliff. >> reporter: sean and jody watson have four daughters ages five to 14 and know all too well the sacrifices and sleepless nights endured by middle-class families in a struggling economy. >> we don't go out to eat much. we don't spend-- we don't go to the movies much. >> we do a lot of thrift store shopping for my kids for clothes. >> reporter: shawn was unemployed for a year in washington state then two years ago he got a job as an accountant with the federal government so the family of six-- their savings depleted-- moved across the country to woodbridge, virginia. his salary of a little more than $70,000 is less than what he used to make. >> before we lost our job they were in-- two were in piano and we haven't been able to do things like that. >> reporter: what's the hardest

part of this? >> for me it's my kids, knowing that i want more for them. my oldest, who's the one that's most aware of what we've been going through the last couple years she asked me recently, this summer, she's like "mommy, when are we going to stop feeling like we're poor." i was like, "honey, it's not that we're poor, we just can't do a lot of things that other people do." >> reporter: sean and jody say it's soon going to become even tougher because they believe it's unlikely that congress and the president will reach a deal to avert the fiscal cliff. if they're right, according to the nonpartisan tax policy center, families such as the watsons with annual income between $64,000 and $108,000 would see a tax increase of about $3,500. >> i think it just will put any future plans that we might have on hold, let's say fixing some electrical in our house. that's an immediate need that we have and we can't do it right now. >> reporter: they blame both the president and congress.

>> it's very disappointing to see bipartisanship almost nonexistent. >> i call it the washington bubble. it's where they have no idea how their choices and their fighting and bickering affect the rest of us. >> reporter: there is, they say, a surprising upside to their financial challenges. they can't afford the fees for extracurricular activities, so after school they spend time together. >> we do a lot of things more as a family. we're not as materialistic as we've been in the past. but we're also seeing the blessings from it so we're stronger as family, our kids are closer to us. >> reporter: but with 27 days before the january 1 fiscal cliff, they're watching the clock, worried the christmas holidays might end with their family facing tougher times. chip reid, cbs news, woodbridge, virginia. >> pelley: a lot of people

working for citigroup are headed for a fiscal cliff. today the company said it's cutting 11,000 jobs to boost profits. citigroup is america's third largest bank but it has operations around the world. the company didn't tell us how many american jobs will be lost. a new study just out today has encouraging news about breast cancer which kills 40,000 women a year. elaine quijano reports on how changing a treatment could save lives. >> reporter: when carrie capossela finished a five-year course of tamoxifen to prevent her breast cancer from coming back, she was nervous when she finally went off the drug. >> all of a sudden you're done and it's very scary. it's very scary because you have to then go back and you really having have nothing protecting you from the medical standpoint anymore. >> reporter: capossela was 33 when she was diagnosed.

estrogen is the main fuel for breast cancer in younger women who have not gone through menopause. tamoxifen works by blocking the effect of estrogen. the current recommendation is for women to take the drug for five years because previous studies showed no benefit to taking it for longer. but the new study, funded partly by one of the makers of tamoxifen, shows women who took the drug for ten years were 25% less likely to have a recurrence of breast cancer and 29% less likely to die from the disease than those who took it for five. dr. judy garber is with boston's dana-farber cancer institute. >> i think this will have an effect on practice, and particularly for my young patients at high risk of recurrence i think longer tamoxifen now will feel much safer for all of us. >> reporter: but there are significant side effects. most women on the drug immediately have symptoms of menopause, including hot flashes and night sweats. still, carrie capossela says if her doctor recommends it, she

will take tamoxifen again. >> recurrence is something you live with for your entire life. all of a sudden you start hearing all these stories about women whose cancers are coming back after eight, nine, ten years and you become obsessed with it again. so it doesn't go away, no. >> pelley: tamoxifen has other rare but serious side effects, including a risk of uterine cancer, strokes, and blood clots. but, scott, researchers say for younger breast cancer survivors those risks are outweighed by the drug's benefits. >> pelley: elaine, thank you. we're learning more today about the man charged with the colorado theater massacre. the university of colorado released 3,000 e-mails about james holmes and barry petersen has the details. >> reporter: the e-mails show james holmes was at least friendly. he often signed off with a cheerful "thanks for your help." there's no new insight on how the university of colorado at denver handled holmes during his year at the school, but an e-mail sent by a school official after the shooting indicates holmes had a girlfriend. she fortunately it turns out is

in india right now, the e-mail says. she knows and is pretty freaked out. another instructed students not to put post on facebook or twitter about holmes. in response a student indicated how dangerous holmes was writing "holmes could have done this on campus instead of the movies." 2,200 other e-mails were not released because they're about his academic and health records, matters protected by federal privacy laws. the documents were requested by news organizations under a colorado freedom of information law. last month, holmes tried to injure himself by ramming his head into his jail cell wall. he was hospitalized with injuries that were called "not serious." a lot of those e-mails were blacked out so even we don't know what's in them at this point. now, there are two court hearings next week scheduled but this course has been delayed so far because of holmes' erratic behave so as to what happens next? it's anyone's guess. >> pelley: barry, thank you.

in egypt, president mohamed morsi has become a lightning rod for protests since he claimed near absolute power for himself. well, there were more violent demonstrations today over a proposed new constitution for egypt and holly williams is there. >> reporter: rival protesters clashed head on today outside cairo's presidential palace. president morsi's opponents say the knew constitution fails to protect basic rights, especially those of women. his supporters, many of them conservative muslims, say that's untrue and both sides blamed each other for the violent confrontation. two years ago during the egyptian revolution these groups worked together to topple country's long-time dictator. now they're back on the streets fighting each other.

at a meeting called by the opposition today this man accused one of their leaders of being a holdover of the old regime and was quickly shouted down. we stopped mohammed elbaradei as he tried to leave. e.st one question for cbs news! >> reporter: he's a former presidential candidate and told us he doesn't trust the government's offer to negotiate. >> this is a ploy and we are not-- we will continue to push until we get a proper mechanism to develop a democratic constitution and to make sure that the goals of this uprising have been fulfilled which is justice, freedom, and social equality. >> reporter: are you going to try and stop the referendum taking place at all? >> we are doing everything possible because we believe that this referendum is null and void, has no legitimacy. >> reporter: egyptians who agreed that they wanted democracy now can't agree on anything else. >> pelley: and holly williams is joining us from cairo. holly, you've been covering the story for us for some time. what's coming next? >> reporter: well, it's difficult to see a solution as

things stand. president morsi says he wants to negotiate but in the same breath he says he's determined to put this constitution to a referendum, a vote, in ten day's time. his opponents say to him "you're becoming a dictator, this constitution represents your islamist views and your interests and we're not negotiating until you agree to postpone or call off this referendum." and that leaves with us a stalemate, and a stalemate that's now costing people's lives. >> pelley: uncharted territory ahead. holly, thank you very much. a computer tycoon wanted in a murder investigation is tracked down. an arrest is made in the murder of a man pushed off a new york city subway platform. and we'll get a view of earth like no other when the "cbs evening news" continues. bp has paid over twenty-three billion dollars to help those affected and to cover cleanup costs.

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♪ [ male announcer ] campbell's green bean casserole. it's amazing what soup can do >> pelley: chances are you've heard of mcafee antivirus software. well, the founder of that company, john mcafee, went into hiding last month. he lives in the central american country of belize and the police there want to question him about the murder of his neighbor. bob orr tells us how mcafee was found. >> reporter: john mcafee had been on the run for three weeks trying to evade police in belize. >> how many people at the checkpoint? >> reporter: the high tech entrepreneur, who made a fortune

selling computer security software invited reporters from vice.com to join him on the lam. the online magazine was interested in documenting mcafee's edgy life-style in which in recent years has revolved around drugs, sex, and guns. to promote its exclusive access, vice published this smart phone picture of mcafee with reporter rocco castoro. that was a big mistake. digitally embedded in the photo was the location where it was taken and it placed mcafee in guatemala just across the boarder from belize. now the world knew where john mcafee was hiding. joel brenner who, until 2009, was the nation's top counterintelligence official, says the computer security guru was done in by the phone's g.p.s. technology which attached precise longitude and latitude coordinates to the photo. >> this is a tracking device, there's no question about it. and we're all carrying one now. >> reporter: and when you use that tracking device to take a

photo and you send that photo your information is also sent. >> and some of that data, depending on how the phone is set, is going to include the location where it was taken. >> reporter: on his blog, mcafee called the disclosure an accidental release by an unseasoned technician at vice headquarters. now he's emerged in guatemala city asking for political asylum saying he left belize to escape a witch-hunt. >> at that point i decided i had to do something, went undercover, i'm now here and i'm now going to speak out and speak out big time. >> pelley: mcafee, who developed the antivirus security programs that still bear his name, left that company 18 years ago. since then, scott, he's been living on the millions he made as one of the nation's first big software pioneers. >> pelley: bob, thank you. we have an update on that story last night about the man who was pushed off a new york city subway platform and was killed by a train. that's a picture of him there. today the police charged naeem davis with the murder of ki suk han.

the two are seen here arguing on the platform. the police say that davis has made statements implicating himself in han's death. someday these women could command nuclear subs. we'll have their story when we come back. ♪

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at chevron nigeria, we haven't had a reported case in 12 years. aids is strong. aids is strong. but we are stronger. and aids... ♪ aids is going to lose. aids is going to lose. ♪ >> pelley: until just two years ago, the u.s. navy banned women from submarines. well, today in washington state lieutenants junior grade amber cowan an jennifer noonan received gold dolphin pins for submarine warfare. a third woman in georgia got her pin as well. they're the first women to become fully qualified submarine officers. nasa today gave us an unprecedented view of earth at night. it's a composite animation from hundreds of satellite pictures showing the lights of major cities, but also vast areas of darkness, especially in less developed parts of the world. remember this picture. lyndon johnson taking the oath

after the assassination of president kennedy. one of the last eyewitnesses in the picture died last night, former texas congressman jack brooks. in his 42 years in the house, brooks not only witnessed history, he made it. he wrote the articles of impeachment against richard nixon. jack brooks was 89. making history and making music. we'll take five to remember jazz great dave brubeck next. ♪ captioning sponsored by cbs

finally tonight, dave brubeck was a jazz pioneer who kept his own kind of time. as a pianist and composer, brubeck challenged the standard musical cadence with exotic rythyms and styles. brubeck, who would have turned 92 tomorrow, died today.

anthony mason takes "time out" to remember his work. ♪ [ music ] >> reporter: dave brubeck's music was a defining sound of jazz clubs in the '50s and '60s. a "time" magazine cover in 1954 described him as a wigging cat with a far-out wail. >> are there any rules for improvisation? >> you bet your life there are, and the rules in jazz would just scare you to death. >> reporter: the son of a california cattle rancher and a classically trained pianist, brubeck had a natural ear for melodies. at home in connecticut in 1961, he told walter cronkite -- >> it's like a baseball player or any athlete: he's only good when he instinctively does the right thing. >> reporter: the dave brubeck quartet's signature tune, "take five," appeared on their landmark album, "time out." released in 1959, it was the first jazz album to sell a million copies. the opening cut, "blue rondo a la turk," was taken from a

street rhythm in istanbul. >> one two, one two, one two, one-two-three; one two, one two, one two, one-two-three. >> reporter: throughout his career, brubeck was an ambassador for music. in 1988, he played at the reagan-gorbachev summit in moscow and later remembered -- >> the room started keeping time [ tapping]. all these people that almost hated each other were swinging. >> reporter: in 1994, president clinton awarded him the national medal of the arts. >> i'll never forget the first time when, as a high school musician, i discovered that i could actually play the saxophone lead in "take five." [ laughter ] >> reporter: in 2009, the kennedy center honored his six decades of creation and invention. >> rhythm is an international language. >> reporter: dave brubeck spoke it fluently.

anthony mason, cbs news, new york. ♪ [ music ] >> and that's the "cbs evening news" for tonight. for all of us at cbs news all around the world, good night. captions by: caption colorado comments@captioncolorado.com >> your realtime captioner: linda marie macdonald good evening, i allen martin. >> i'm dana king. we are following breaking news out of east bay. a full takeover of the oakland police department by the federal government has been avoided. late this afternoon, we learned of a last-minute deal struck to prevent it. cbs 5 reporter phil matier has just left the briefing by the mayor and police chief. phil. >> reporter: the oakland police department apparently has avoided the bullet of a takeover by a federal judge who has been upset with the slow progress the department has

made in its officers conduct case. this is a case that dates back about 10 years starting with the riders who were accused of planting evidence and roughing up residents in west oakland. there were supposed to be reforms but they never happened and that led to the threatened takeover of the department by an outside monitor, the federal court. what's reached is an agreement for a compliant officer to come in, instead. basically, what this person is going to do is oversee such key functions in the investigations into excessive force by police officers, officer-involved shootings, and allegations of racial profiling. but the day-to-day operations of the oakland police department in this crime-ridden city will continue to be overseen by howard jordan. but as part of deal, sources tell us, that if jordan doesn't get the job done in a timely manner, this compliance officer could go back to the court and seek his